Enrollment
kalaivani.c
(Querist) 22 January 2022
This query is : Resolved
Sir
I completed my llb in 2018 in Banglore. I was working in corporate So I didn't enroll in bar council of tamilnadu. Now I want to enroll myself in tn bar council. But I don't have transfer certificate. Is it mandatory for enrollment (tc) ? And also I don't have provisional certificate. I do have degree completion certificate
kavksatyanarayana
(Expert) 22 January 2022
Obtain the provisional certificate from the authorities concerned. You can enroll in TN Bar Council. The procedure to enroll is got from TN Bar Council as some procedure varies from one State Bar council to another State bar council.
Dr J C Vashista
(Expert) 23 January 2022
Advocates are enrolled with State Bar Council under the provisions of Section 24 of the Advocates Act, 1961 which do not prescribe any transfer certificate and reads as:
Section 24 in THE ADVOCATES ACT, 1961
24. Persons who may be admitted as advocates on a State roll.—
(1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions, namely:—
(a) he is a citizen of India: Provided that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practice law in that other country;
(b) he has completed the age of twenty-one years;
(c) he has obtained a degree in law—
(i) before the 1[12th day of March, 1967], from any University in the territory of India; or
(ii) before the 15th August, 1947, from any University in any area which was comprised before that date within India as defined by the Government of India Act, 1935; or 2[(iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia), after undergoing a three year course of study in law from any University in India which is recognised for the purposes of this Act by the Bar Council of India; or
(iiia) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-68 or any earlier academic year from any University in India which is recognised for the purposes of this Act by the Bar Council of India; or] 3[(iv) in any other case, from any University outside the territory of India, if the degree is recognised for the purposes of this Act by the Bar Council of India] or; 4[he is barrister and is called to the Bar on or before the 31st day of December, 1976 5[or has passed the article clerks examination or any other examination specified by the High Court at Bombay or Calcutta for enrollment as an attorney of that High Court;] or has obtained such other foreign qualification in law as is recognised by the Bar Council of India for the purpose of admission as an advocate under this Act;] 6[***]
(e) he fulfills such other conditions as may be specified in the rules made by the State Bar Council under this Chapter; 7[(f) he has paid, in respect of the enrollment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899 (2 of 1899), and an enrollment fee payable to the State Bar Council of 8[six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour of that Council]: Provided that where such person is a member of the Schedule Castes or the Schedule Tribes and produces a certificate to that effect from such authority as may be prescribed, the enrollment fee payable by him to the State Bar Council shall be 9[one hundred rupees and to the Bar Council of India, twenty-five rupees].
10[Explanation.—For the purposes of this sub-section, a person shall be deemed to have obtained a degree in law from a University in India on that date on which the results of the examination for that degree are published by the University on its notice board or otherwise declaring him to have passed that examination.]
(2) Notwithstanding anything contained in sub-section (1), 11[a vakil or a pleader who is a law graduate] may be admitted as an advocate on a State roll, if he—
(a) makes an application for such enrollment in accordance with the provisions of this Act, not later than two years from the appointed day, and
(b) fulfills the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1). 12[(3) Notwithstanding anything contained in sub-section (1) a person who—
(a) 13[***] has, for at least three years, been a vakil or pleader or a mukhtar, or, was entitled at any time to be enrolled under any law 14[***] as an advocate of a High Court (including a High Court of a former Part B State) or of a Court of Judicial Commissioner in any Union territory; or
15[(aa) before the First day of December, 1961, was entitled otherwise than as an advocate practice the profession of law (whether by of pleading or acting or both) by virtue of the provision of any law, or who would have been so entitled had he not been in public service on the said date; or]
16[***]
(c) before the 1st day of April, 1937, has been an advocate of any High Court in any area which was comprised within Burma as defined in the Government of India Act, 1935; or
(d) is entitled to be enrolled as an advocate under any rule made by the Bar Council of India in this behalf, may be admitted as an advocate on a State roll if he—
(i) makes an application for such enrollment in accordance with the provisions of this Act; and
(ii) fulfills the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1).]
17[***]
kalaivani.c
(Querist) 24 January 2022
Sir my place of residence is Coimbatore. Should I have to enquire in Coimbatore? Or Chennai bar council?
Dr J C Vashista
(Expert) 26 January 2022
You may inquire from Bar council of the State where you prefer to practice law .
